Фото: Distribution of a non-privatized apartment upon divorce

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An Iryna

Head of Commercial and Civil Law Practice

Lawyer, specialist in intellectual property. Specializes in registration and protection of copyrights, inventions, patents, trademarks, as well as development of intellectual property transfer agreements, license agreements.

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Distribution of a non-privatized apartment upon divorce

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In the 21st century, no one is safe from divorce, even the strongest, at first glance, families.

This is due to the fact that, over time, a married couple accumulates a number of misunderstandings and claims against each other, which they are unable to resolve together, which ultimately leads to a breakdown in the family.

Therefore, it is best to solve property issues in advance. What is the relevance of the chosen topic for today?

In this article, we will talk about the features of the distribution of a non-privatized apartment upon divorce.

What is privatization?

Privatization in Ukrainian legislation should be understood as a process during which state-owned property is alienated in favor of a private person and he can freely use and dispose of it, sell, donate, rent, etc.

However, for this, it is necessary to register a citizen's ownership rights to real estate in the relevant state register, namely - the State Register of Real Property Rights.

An example of privatization of state or communal property is the provision of housing to military personnel.

Military personnel are provided with residential premises for permanent residence, built (purchased) at the expense of the state budget on the following grounds: for years of service (from 20 years), recognized as disabled due to injury, took direct part in an anti-terrorist operation during its implementation, etc.

What are the features of the distribution of non-privatized property upon divorce?

According to existing legislation, all property acquired during marriage is divided between the spouses in equal shares (unless the marriage contract stipulates other conditions).

However, other provisions apply to the distribution of non-privatized property.

  • So, firstly, non-privatized real estate cannot be considered as owned by one of the spouses, since it has not been privatized.
  • Secondly, the distribution of non-privatized real estate is carried out only in court. At the same time, the judicial authority does not allocate the share of each of the members of the spouses in such property, it only determines the procedure for using non-privatized housing and the property located in it.
  • Thirdly, if cohabitation after dissolution of marriage between citizens is impossible, then the court may offer monetary compensation to the spouse who is removed from the place of registration of such immovable property and completely takes away his personal items and those belonging to him as private property .

Thus, the distribution of a non-privatized apartment is possible, but only under special conditions and grounds, however, the process contains many nuances and complicating factors that can be eliminated only by privatizing such real estate.

If you still have questions about the distribution of a non-privatized apartment during a divorce, then in this case, the help of proven specialists - the "Prikhodko and Partners" law firm is mandatory.

Our team understands problematic issues in the field of family law in Ukraine, because we have many years of experience in this field and constantly apply the current legislation in practice. Don't delay and apply!

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Head of Commercial and Civil Law Practice

Lawyer, specialist in intellectual property. Specializes in registration and protection of copyrights, inventions, patents, trademarks, as well as development of intellectual property transfer agreements, license agreements.

Contact now
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